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    Can you sue for a motor vehicle accident in Queensland?

    July 19, 2024

    Can you sue for a motor vehicle accident in Queensland?

    Personal injury claim, CTP, Compulsory Third Party, compensation, compo, damages, reimbursement, and claim are all expressions you may have heard which can mean the same thing. Assessing if you have a valid motor vehicle accident claim in Queensland will depend on where and how you were injured.

    There are laws set out in legislation as well as case law from the Courts which establish who can claim compensation, how to go about making a claim and how claims will be assessed (put into a dollar value sum). In line with the directions of the Motor Vehicle Accident Commission (MAIC), you are eligible to make a CTP motor vehicle accident claim in Queensland if the following elements are satisfied:

    1. You have been involved in a motor vehicle accident in Queensland
    2. The accident has occurred within strict time limits issued under Queensland legislation
    3. The accident was someone else’s fault (not your own); and
    4. You have sustained an injury and suffered loss because of that injury.

    Is a motor vehicle accident claim worth pursuing?

    A common question people have when contemplating making a claim for a motor vehicle accident in Queensland is whether it is financially worth pursuing. Assuming you have a right to make a claim, there are two aspects to this:

    • will you be awarded a sum of money large enough to justify your efforts (in time and emotionally) and;
    • will there be anything left for you after the lawyers and any Government refunds are paid?

    It is common for motor vehicle accident lawyers in Queensland to offer an obligation free assessment to look at exactly this issue. The lawyers will take your instructions and gather information about the circumstances of the accident, including: your injury, cost of treatment, medical prognosis, and the impact of the injury on your ability to work. This information will help the lawyer assess the merits of your case and whether it is one worth pursuing. The lawyers will want to be reasonably confident that your case is worth pursuing before they offer you a no win no fee agreement/ arrangement. We recommend you take time to understand the lawyer’s fee structure and terms of their no win no fee arrangement.

    After carefully assessing the circumstances of your accident and injury the lawyers will give you their opinion as to whether they think you have a claim worth pursuing. It is then up to you whether you proceed, possibly making a motor vehicle accident claim, or whether you seek a second opinion from another lawyer.

    Further reading about motor vehicle accident claims in Queensland

    https://maic.qld.gov.au/for-injured-people/who-can-make-a-claim/

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